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Decision Text

ARMY | BCMR | CY1995 | 9511175C070209
Original file (9511175C070209.TXT) Auto-classification: Denied
APPLICANT REQUESTS:  The applicant, in effect, requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty), be corrected to show eligibility for the National Defense Service Medal.

APPLICANT STATES:  In effect, that he was in the Army National Guard of the state of Delaware from 18 August 1988 to 20 May 1990 and from 25 May 1990 to 19 May 1991 entered the Army in September 1990; and that he is authorized the National Defense Service Medal.

EVIDENCE OF RECORD:  The applicant's military records show:

He was born on 6 December 1966.  He completed 12 years of formal education.  On 18 August 1988, the applicant enlisted in the Army National Guard of the state of Delaware for 
6 years.

On 20 November 1990, the applicant was ordered to active for initial active duty training.  The applicant completed combat basic training and advanced individual training and was awarded military occupational specialty 31K10 (Combat Signaler).  On 5 April 1991, the applicant was released from active duty in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 4.  The applicant returned to his reserve unit.

A message change to Army Regulation 672-5-1 provides that service in the Persian Gulf War is to be recognized by award of the SWASM to Army members who participated in Operations Desert Storm/ Desert Shield in the designated area on or after 2 August 1990.  A member serving outside the area in Israel, Egypt, Turkey, and Jordan was eligible if the unit was under the command and control of the Central Command or was serving in direct support of military operations.  Individuals on temporary duty are eligible after 
30 consecutive or 60 nonconsecutive days.  A bronze service is authorized for the Defense of Saudi (2 August 1990 to 
16 January 1991) and the Liberation and Defense of Kuwait (17 January to 11 April 1991.  A Cease-fire Campaign period begun on 12 April 1991 and extends to an yet unannounced date.  A member who served in only Operation Provide Comfort is eligible for the SWASM and for the SWASM and a single bronze service star if they served in that operation subsequent to 12 April 1991.     

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  There is no evidence of record nor has the applicant submitted any documentary evidence that he in any way participated in Operation Desert Shield / Desert Storm. 

3.  There is no evidence of record nor has the applicant submitted any documentary evidence that he was recommended for or awarded the decoration that he request.

4.  In view of the foregoing, there is no basis for granting the applicant’s request.

DETERMINATION:  The applicant has failed to submit 
sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

                       GRANT          

                       GRANT FORMAL HEARING

                       DENY APPLICATION




						Karl F. Schneider
						Acting Director
APPLICANT REQUESTS:  

APPLICANT STATES:  

COUNSEL CONTENDS:

EVIDENCE OF RECORD:  The applicant's military records show:

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

                       GRANT          

                       GRANT FORMAL HEARING

                       DENY APPLICATION




						Karl F. Schneider
						Acting Director

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